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Michael A. Toma v. Unlimited Furniture Group

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


March 2, 2011

MICHAEL A. TOMA,
RESPONDENT,
v.
UNLIMITED FURNITURE GROUP,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Queens County (In-grid Joseph, J.), dated October 29, 2009.

Toma v Unlimited Furniture Group

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 2, 2011

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ .

The order denied defendant's motion to vacate a default judgment.

ORDERED that the order is affirmed, without costs.

Upon a review of the record in this small claims action to recover for breach of contract, we find that the Civil Court did not improvidently exercise its discretion in denying defendant's motion to vacate a default judgment, since defendant failed to demonstrate a reasonable excuse for its default and a meritorious defense (see CPLR 5015 [a] [1]; Eugene DiLorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; see also Alliance Prop. Mgt. & Dev. v Andrews Ave. Equities, 70 NY2d 831 [1987]; Barasch v Micucci, 49 NY2d 594 [1980]; Martinez v Otis El. Co., 213 AD2d 523 [1995]; Tandy Computer Leasing v Video X Home Lib., 124 AD2d 530 [1986]). As substantial justice has been rendered between the parties in accordance with the rules and principles of substantive law (CCA 1804, 1807), the order is affirmed.

Pesce, P.J., Golia and Steinhardt, JJ., concur.

Decision Date: March 02, 2011

20110302

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